We all have the right to a speedy trial, but that doesn’t mean immediate. In fact, weeks or months can pass before you have a trial for your alleged crimes. An accused person shouldn’t have to spend that time in jail while they’re waiting to prove their innocence. Bail is the system that allows accused individuals to be released until the time of their trial. This is critical because it means that you can be free to do your job, support your family, and build your defense before trial.
You may be able to bail yourself out, or you might need the help of friends or family. Sometimes, the conditions imposed for bail can be so harsh that it makes sense to dispute them. A criminal defense lawyer can help you get more favorable bail terms. At the Law Offices of M. Colin Bresee, we are prepared to support you through all phases of your criminal trial, including a bail hearing. We also offer free consultations.
What Is Bail in Colorado?
Colorado is not a no-bail state. Most people can qualify for pretrial release in Colorado, but some defendants may be denied bail based on the charges, prior convictions, or risk to public safety.
Bail is some type of security you offer as an assurance that you will make your court appearances. The security is usually money paid to the court that will be refunded when you are discharged from liability under the bond, as long as you meet all court requirements. Sometimes, the security is simply your promise, often supported by people committed to making sure you show up. This is known as being released on personal recognizance.
Your initial bail hearing is supposed to take place “as soon as practicable,” but it could be up to 48 hours after you’re detained, or longer if there’s an emergency or you are unwilling or unable to attend. Bail can be set shortly after an arrest, even if formal charges have not yet been filed.
How Bail Is Set in Colorado
A judge will set your bail. They are supposed to consider many factors, including:
- Are you a flight risk? Here, they will consider whether you have ties to the community, such as a job or family. They’ll also look at whether you’ve lived in the community for a long time. They’ll consider your character and the character of people supporting your promise to return.
- How severe are the charges? The more severe the charges, the higher the bail. In addition, if your alleged criminal offense is punishable only by a fine, the amount of bail can’t exceed the maximum fine.
- Are you a threat to public safety? Bail is an attempt to balance the rights of accused individuals with the need to protect public safety. If you have an extensive criminal history, especially if your criminal record includes crimes committed while you were on bail, a judge will set bail higher and, in some cases, may deny bail. Another consideration is whether you might attempt to intimidate or harass possible witnesses. To avoid this, you might be denied bail or have additional conditions added to your bail.
- What is your financial situation? Bail is not intended as a way to punish poor people. Bail should be set so that the amount is feasible for your financial situation.
Judges can use their own discretion in setting bail, but there are bond schedules that can offer guidelines. The district attorney will know about your bail hearing and might argue for higher bail. A defense attorney can help you present the most effective evidence at your bail hearing to make sure you aren’t denied bail and help you get favorable terms.
Types of Bail in Colorado
There are essentially four types of bonds:
- Personal Recognizance Bond (PR Bond): You are released with nothing more than a promise that you will return for trial. Others may be asked to cosign your bond, and there may be conditions of release.
- Cash Bond: You put up cash to support your promise that you will appear for trial. If you meet all court requirements, your cash can be returned after you are discharged from liability under the bond. Otherwise, you lose it, and the court puts out a warrant for your arrest.
- Surety Bond: When you don’t have enough cash to put up for your bail, you can get the help of a bail bondsman, who will put up the cash for you, if you pay them a fee, usually between 10% and 15% of the bond amount.
- Property Bond: Instead of cash, you put up property, such as real estate, to secure your promise. The property must be worth at least 150% of the cash bond value.
Can You Bail Yourself Out of Jail in Colorado?
Yes, you can bail yourself out in some cases. If you are released on a PR bond or cash bond where you can come up with the cash, you can get yourself released.
Other times, you might need the help of others, such as family, to help you get cash together, or you might enlist the help of a bail bondsman if the cash bond amount is very high.
How to Bail Someone Out of Jail in Colorado
In order to bail someone out of jail, it might be as simple as finding the bail amount and depositing that amount with the clerk of the court. However, if you can’t afford to put up the bail, you will have to find a bail bondsman willing to work with you and pay their fee, typically 10-15% of the total bail amount. If you don’t have the cash and can’t find a willing bail bondsman, you can request another bail hearing to see if you can get the bail amount lowered.
How Long Does It Take to Get Released After Bail?
The law says you should be released “as soon as practicable” after bail is posted. Unless extraordinary circumstances exist, release should generally happen within six hours after the bond is set, the defendant is physically present in jail, and the defendant or surety tells the jail they are ready to post bond.
If it is going to be more than six hours, the defendant and any person posting bail bond must be notified of the reason why, and it should be noted in the accused’s file. If the court orders electronic monitoring equipment as part of the bond conditions, you might have to wait up to 24 hours to have it fitted.
How Much Does Bail Cost in Colorado?
The amount of bail varies by case. See “How Bail Is Set” above to see the factors that a judge may weigh in setting bail. In addition, people can mean different things when they talk about the bail amount. They might mean either the full cash amount or the bondsman’s fee.
The full cash amount of bail is what the court requires to secure your release. If you pay this yourself, that’s all you pay, and the full bail amount can be refunded after you are discharged from liability under the bond, unless you want to use it to pay court debts, but you don’t have to.
If you need the help of a bail bondsman, they will charge you a fee to put up the money, typically 10-15% of the total amount. This is a fee, and it will not be refunded if you show up to court.
Can Bail Be Reduced in Colorado?
If you can’t afford the amount of bail, you can request a bail reduction hearing. If you are still in custody after seven days because you cannot meet the monetary conditions of bond, you may file a written motion for reconsideration. You may also request a bond modification during the case under Colorado’s separate bond modification rule.
A defense attorney can help you present this evidence, and they’re especially effective if you didn’t have one at your original bail hearing.
Do You Need a Bail Bondsman?
You are never required to use a bail bondsman. Once the court sets your bail amount, you can post the bail yourself if you have that much money on hand.
However, for many people, it is not always easy to get together the cash for bail. In this case, a bail bonding agent can help. Instead of putting up bail yourself, the bondsman will do it for you. You just pay their fee, typically 10% to 15% of the total bail amount. This lets you secure your release with less cash. However, the bail bondsman’s fee is a fee you do not get back when you return for trial. If you put up bail yourself, you can get the full amount refunded after you are discharged from liability under the bond.
What Happens If You Miss Court?
If you don’t show up in court when you are supposed to, your failure to appear will be recorded. The judge will issue a bench warrant for your arrest. Within 14 days, notice of your failure to appear will be sent to you and anyone else who deposited money on your behalf. If you don’t show up in court voluntarily within 35 days of your original court date, money that you and/or friends and family put up will be forfeited—the court will take it. The money may be forfeited if you fail to appear, but the court may set aside forfeiture if justice requires.
If a bail bondsman posts the bond and the defendant fails to appear, the bond may be forfeited. The bondsman may be able to seek relief in some situations, but the money is not automatically returned.
Speak With a Colorado Criminal Defense Lawyer
If you are facing serious criminal charges, getting out on bail can be vital. It can help you keep your job and maintain your family obligations. Most importantly, you will be free to help build your criminal defense, and you won’t feel pressure to make ill-considered decisions just to get out of jail. You want to make sure not only that you can get bail, but that you can get it without onerous conditions that will take away its advantages.
Your first bail hearing will likely be within 48 hours of your arrest. If you can have a criminal defense attorney at your side, they can build a strong case for reduced bail or even release on your own recognizance.
M. Colin Bresee is an experienced Denver criminal defense lawyer who has helped many people in your situation get fair treatment by the court. Mr. Bresee has worked on both sides of the criminal justice system, so he understands what matters to prosecutors and judges. He uses his knowledge to persuade courts to see things from a perspective that benefits his clients, which can help you in your bail hearing and beyond.
To learn how Mr. Bresee can help you, please contact the Law Offices of M. Colin Bresee today for a free initial consultation.
Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish an attorney-client relationship.
